Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

I know. The Chairman is trying to hurry me and I am not in a condition to be hurried at this time of the night.

Option 4, the repeal or replacement on specific grounds, could be a possibility, but I am not so sure. Repeal or replace on specified grounds and-or explicit rebalancing, the fifth option, has possibilities. It is something that might meet the requirements of all sides. Option 6 is to replace the provision conferring exclusive power on the Oireachtas to regulate. I am concerned about that one, and have expressed that concern previously. The separation of powers allows for the courts to operate alongside the legislature. To have a referendum which places a particular piece of legislation outside the reach of the courts, to be entrenched in the Constitution is something I have doubts about. I do not think that the public would be happy about that either. Those are the points that I would make at this stage. I will have more than five minutes to speak in the future, although my five minutes have not been fully used yet, the Chairman will be delighted to know.